PART 4The Pubs Code Adjudicator and the Pubs Code
Arbitration by Adjudicator
I1I251Arbitration: supplementary
1
Subsection (2) applies where a tied pub tenant—
a
refers a dispute to the Adjudicator under section 48, or
b
gives notice as mentioned in section 50(3)(b) that the tenant wishes the Adjudicator to be appointed to arbitrate a dispute.
2
The tenant must pay a fee to the Adjudicator of an amount prescribed in regulations made by the Secretary of State (except in specified cases as mentioned in subsection (3)(b)).
3
The regulations may make further provision as to the fee, and may in particular—
a
specify when the fee must be paid,
b
specify cases in which the tenant is not required to pay the fee,
c
specify cases in which the fee is to be refunded to the tenant.
4
The following subsections apply in all cases where the Adjudicator or a person appointed by the Adjudicator arbitrates a dispute.
5
Except where this Part makes different provision, the arbitration must be conducted in accordance with—
a
the rules regarding arbitrations issued from time to time by the Chartered Institute of Arbitrators, or
b
the rules of another dispute resolution body nominated by the arbitrator.
6
The pub-owning business concerned must pay the reasonable fees and expenses of the arbitrator in respect of the arbitration, except where—
a
the arbitration follows a referral by the tenant under section 48, and
b
the arbitrator concludes that the referral was vexatious.
7
The Secretary of State may by regulations make provision in relation to the costs payable by a tied pub tenant in respect of the arbitration, and the regulations may in particular—
a
provide that those costs are limited to an amount prescribed in, or to be determined in accordance with, the regulations, and
b
specify circumstances in which the arbitrator may make an award requiring the tenant to pay costs exceeding that amount.